A couple in Florida has initiated legal proceedings against a fertility clinic, alleging a significant error during treatment led to the birth of a child who is not biologically theirs. The case centres on claims that another patient's embryo was mistakenly implanted, resulting in the arrival of a baby girl described as "non-Caucasian" while both parents identify as Caucasian.
Details of the Alleged Embryo Mix-Up
Tiffany Score and Steven Mills have filed a lawsuit in Orange County Circuit Court, naming IVF Life, Inc. and its lead reproductive endocrinologist, Dr Milton McNichol. The couple asserts that in April 2025, an embryo belonging to another patient was implanted in Score's uterus at the Fertility Centre of Orlando.
According to court documents, Score and Mills had stored three viable embryos at the clinic in 2020, created through in vitro fertilisation for future use. The clinic promotes its services as offering "advanced fertility care" and "cutting-edge technology".
Discovery and Genetic Confirmation
Score gave birth to a healthy baby girl on December 11 last year. The parents say they immediately noticed something was amiss after the birth, with the lawsuit stating the baby "displayed the physical appearance of a racially non-Caucasian child".
Subsequent genetic testing confirmed the child had "no genetic relationship" to either parent, prompting the legal action. The couple's attorney, John Scarola, wrote to the clinic on January 5 demanding the baby be reunited with her genetic parents and seeking an explanation for what happened to his clients' embryos.
Broader Concerns and Legal Action
Beyond the immediate shock of discovering the child isn't biologically theirs, the couple fears a wider error may have occurred. They worry that another patient may have been implanted with their embryo, potentially meaning someone else could be pregnant with or raising their biological child.
The lawsuit acknowledges that Score and Mills have formed an "intensely strong emotional bond" with the baby during pregnancy and since birth. The child remains in their care, and while they're willing to raise her themselves, they feel a legal and moral duty to act.
"They have fallen in love with this child," Scarola said. "They would be thrilled in the knowledge that they could raise this child. But their concern is that this is someone else's child, and someone could show up at any time and claim the baby and take that baby away from them."
Emergency Court Proceedings
The lawsuit seeks emergency court action to force the clinic to alert all potentially affected patients, pay for widespread genetic testing, and disclose whether other families may have been impacted by embryo mix-ups.
An emergency hearing was held before Judge Margaret Schreiber, where Scarola described the mistake as a "horrendous error" while acknowledging such incidents are "very uncommon". He demanded five years of clinic-paid genetic testing and noted the legal complexity of the case.
Judge Schreiber observed: "There's not a lot of Florida law for you all to reach a resolution that will provide the answers that the plaintiffs in this case are seeking, and the protections that the defendants are wanting to ensure remain in place for their clients."
Clinic Response and Professional Background
In a notice later removed from its website, IVF Life stated it is "actively cooperating with an investigation to support one of our patients in determining the source of an error that resulted in the birth of a child who is not genetically related to them."
Dr McNichol received his medical degree from Loma Linda University School of Medicine in 2004 and has been praised by patients and colleagues for his bedside manner and clinical expertise. According to professional profiles, he has received six Patients' Choice Awards, four Compassionate Doctor recognitions, and a top-ten doctor ranking in Florida in 2014.
The case continues to develop as the court considers the emergency measures requested by the plaintiffs and the clinic's response to the allegations.
